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Condominium Law

Calgary Condominium Lawyers

We Advise and Represent Condominium Corporations, Boards of Directors, Property Managers, Unit Owners, and Residents in Disputed Condominium Matters.

Carbert Waite LLP can assist with a variety of matters relating to condominiums. When it comes to where to live, individuals are increasingly turning to condominiums as their preferred choice. Condominiums can offer numerous conveniences and provide more flexible lifestyle options. With that, we are also seeing a change in how condominiums are governed and an increasing need to address the concerns of everyone involved in day-to-day condominium living. The complex and ever changing rules that govern these interactions in the condominium context can create numerous challenges.

Given the number of players, it is inevitable that disputes will arise. This creates a need for specialized legal advice in this intricate environment. In addition to our work in condominium law, we have a long-standing practice in real estate litigation. This has proven valuable to clients who require assistance with condominium law, due to the significant overlap between these areas. Our multidisciplinary knowledge allows us to resolve what may appear to be a complicated and pervasive issue. Although we are based in Calgary, our lawyers can deal with condominium matters anywhere in Alberta. We provide advice and representation to all participants in the condominium environment.

Services for Condominium Corporations and Condominium Management Companies

  • Bylaw enforcement and remedial action, including litigation when necessary
  • Providing legal opinions on the interpretation and application of all condominium related documents, including bylaws and board resolutions
  • Pursuing collection, up to and including litigation and foreclosure, where necessary, in respect to contributions, special assessments, insurance deductibles, fines or other fees and any other arrears that may be outstanding
  • Reviewing and advising on insurance policies held by condominium corporations

Services for Owners

  • Advising on disputes with condominium corporations, condominium management companies or other owners
  • Advising on disputes arising from the purchase and sale of condominium units
  • Interpreting the potential impact of bylaws prior to purchase (for example age, pet, or usage restrictions)
  • Advising in relation to the financial stability of a condominium corporation and the potential for additional financial obligations in the event of large repairs or other issues
  • Reviewing and advising on insurance policies held by owners

Services for Developers

  • Providing advice and representation with respect to defective workmanship, construction delays, zoning, warranty claims, planning related issues and other litigation matters that may arise in the sphere of condominium construction

The de facto Application of the Business Judgment Rule to Condominium Boards in Alberta

The celebrated Ontario Court of Appeal case 3716723 Canada v. Carleton Condominiums Corporation No. 375, 2016 ONCA 650 (“Carleton Condominiums”) explicitly states that the business judgment rule applies to condominium boards.

Don’t Take Their Word For It: Latent Defects And Why Disclosure Obligations Are Of Limited Value

Case-law is replete with examples of the application of the Latin doctrine caveat emptor (buyer beware) which in plain language means the purchaser is solely liable for determining defects upon purchasing property.

Who Pays For Condominium Unit Damage?

Here’s a common event in Alberta condominiums: A water pipe bursts in one unit, causing water to leak into several other units. Each unit suffers significant damage and the Condominium Board becomes involved with the repairs. Who is responsible for the deductible? The condominium as a whole or the owner of the unit where the damage originated?

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